detention at the police department. Following the deterioration of his status the police
officers called an ambulance and a medical professional has visited not once but twice
the person in need of health care in the building of the RDP - Sozopol. A medical
examination by a paramedic has been carried out, but during transportation to the
hospital the detainee died of haemorrhage. No infringement by the police officers was
made - the necessary medical care has been provided to him. Such care has been
provided by the medical professional as well, but it has been limited.
The NPM believes that it is imperative to have more detailed regulation on
the provision of medical care to detainees in the structures of the Ministry of
Interior and the creation of detailed and clear rules for actions by the police
officers and their interaction with the medical professionals. This conclusion is
based on the documentation examined by the NPM - orders for detention of a person,
declarations, records for medical examinations and interviews with persons detained
and placed in detention facilities.
Awareness of the rights of detainees
In the objects examined in 2014 no violations were found related to the
awareness of the rights of detainees. At random and in randomly selected documents
the NPM found that the persons are aware of their rights by signing the detention
orders, declarations, protocols for searches and other documents. Everywhere a special
file-keeping record of bringing detention orders is held - Appendix No 9 to art. 11, para 4
of the Instruction.
In all RDP, BPD , Homes for temporary accommodation of minors and juveniles,
HTAA inspected in 2014 have been prepared and approved Rules of internal order in the
detention premises with the necessary details - rights and obligations of detainees,
restrictive regime and place of residence as defined in Art. 41-46 of the Instruction.
The Rules of internal order in all premises, except in RDP – Drianovo, was easily
visible for the detainees.
The rule the detainees to be informed of the possibility to benefit from legal
assistance through the lists of attorneys on duty (public defenders with the respective
Bar Association) is observed.
However, the NPM again found that the procedure for granting legal aid specified
in Art. 14, para 8 of the Instruction is not observed. The exact time of notification of the
counsel where the detained person expressed his wish for appointment of a counsel
under the Law on Legal Aid is not specified. The exact time of appearance of the counsel
and the procedure under which the latter is called is not specified. The visit is not
recorded in the book of visits conducted and possessions and food received under Art.
87, para 1 of the Instruction.
The NPM’s inspections found that a significant omission, which often violated the
right to free movement of persons has been removed - the correct mark in the detention
orders of the exact time of detention, namely the precise observation of the provisions of
Art. 12 of the Instruction, which specifically referred to the initial moment of detention,
but not the time of placement in the detention facility.
In some of the objects visited by the NPM it was reported as good the practice the
existence of translations in different languages of the brochures on the rights of the
detainees (English, Russian, German, Turkish, Romanian, Spanish). The NPM
recommended the Ministry of Interior such practice to be established in all RDPs in the
country.
PROTECTION MEASURES
47
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